Nghị định 47/2011/NĐ-CP hướng dẫn Luật bưu chính

DECREE

DETAILING THE IMPLEMENTATION OF SOME CONTENT OF THE LAW ON POST

GOVERNMENT

Pursuant to the Law on Government organization, of December 25, 2001;

Pursuant to the Law on post, of June 17, 2010;

At the proposal of The Minister of Information And Communications,

DECREE

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree detailing the implementation of some content of the Law on post on investment in postal scope, postal license, written confirming notification on postal activities, postage stamps, paying compensation in supply and use of postal services.

Article 2. Interpretation of terms

In this Decree, the following terms are construed as follows:

1. The minimum limit liability to pay compensation is the lowest level to pay compensation which organizations, individuals must pay compensation for organizations, individuals suffering damages caused in postal service supply and use

2. SDR means currency unit prescribed by International monetary fund (IMF).

3. Mail service means accepting, transporting and delivering information exchanged under form of manuscript or printout, with or without an addressee (except for periodicals, books, newspapers and magazines) from the place of the sender to the place of the recipient through the post network by various modes other than electronic ones. 

4. Supply of postal services in inter-provincial scope means supply of postal services at two central-affiliated cities or provinces or more than.

5. Supply of international postal services means acceptance of postal articles in Vietnam to transport and delivery at foreign or receive of postal articles from foreign to transport and delivery in Vietnam or both directions.

6. The postmark means the mark indicating information on location and day of marking.

7. The special mark means the mark designed to service for Vietnamese postage stamp set which is particularly organized to publish on important events. The special mark is used for purpose of collection and used as the postmark in the first publishing day.

8. The postage stamp with a cancellation mark means postage stamps with the postmark or other signs indicating cancellation of stamp.

9. Time limit of supply means duration in which the special postage stamps are sold on public postal network from the issuing day to the expiry day of issuance as prescribed by the Ministry of Information and Communications.

Chapter 2.

INVESTMENT IN POSTAL SECTOR

Article 3. Verification of investment project

1. Projects with foreign capital under VND 15 billions must be verified but not required to submit to the Prime Minister for decision of investment policies.

2. Projects with foreign capital from VND 15 billions or more than must be verified before submitting to the Prime Minister for decision of investment policies.

3. Agencies granting certificates of investment shall send dossier for consulting of the Services of Information and Communications for investment projects supplying postal services in scope of province or the Ministry of Information and Communications for investment projects supplying postal services in the international or inter-provincial scope.

Article 4. Performance, transfer of investment project

1. When transfer capital, transfer projects, suspend, prolong implementation schedule of plan, terminate activities of investment projects, liquidate investment projects or have other adjustments for investment projects, the investors must abide by provisions of law on investment and report to postal competent state agencies specified in clause 3, Article 3 of this Decree in order to consider amendment and supplement, re-grant or withdrawal of postal license as prescribed by law on post.  

2. The transfer of investment projects as prescribed by law on investment not including transfer of postal license, unless attaching with transfer of entire enterprise.

Chapter 3.

THE POSTAL LICENSE AND WRITTEN CONFIRMATION OF NOTIFICATION ON POSTAL ACTIVITIES

Article 5. Financial conditions  

1. Conditions on financial capacity stated in point b, clause 2, Article 21 of the Law on post is prescribed as follows:

a) For case of supply of postal services in provincial or inter-provincial scope, enterprises must have the minimum capital of VND 02 billions;

b) For case of supply of international postal services, enterprises must have the minimum capital of VND 05 billions.

2. The minimum capital specified in clause 1 of this Article must be indicated in the Certificate of Business registration on postal activities or certificate of investment in postal activities in Vietnam of enterprises.

Article 6. Dossier of application for postal license  

1. Dossier of application for postal license is made into 03 sets, including 01 original set, 02 sets being copied documents which is sealed for confirmation and taken responsibility for accuracy of copied documents by self-enterprise.

2. A dossier of application for postal license comprises:

a) Application for postal license (according to Form in Annex I);

b) A copy of the Certificate of Business registration on postal activities or certificate of investment in postal activities in Vietnam of enterprises which is sealed for confirmation and taken responsibility for accuracy of copied documents by self-enterprise;

c) The charter of organization and operation of enterprise (if any);

d) Business projects;

dd) Form of contract on supply and use of postal services in line with provision of law on post;

e) Form of icon, label, particular symbol or elements in system of enterprise identification which are indicated on postal articles (if any);

g) Price table of postal service charges in line with provision of law on post;

h) Quality standards of postal service published for application in line with provisions of law on post;

j) Regulations on the limit liability to pay compensation in case of arising damages, process of settling complaints of customers, time limit of settling complaints in line with provisions of law on post;  

k) Agreements with other enterprises, foreign partners in Vietnamese, for case of cooperation to supply one, a few or all stages of postal services being requested for license;  

l) Documents being consular legalized proving the legal status of foreign partners specified in point k, clause 2 of this Article.

3. Business project, including the following principal contents:

a) Information on enterprise including name, address, telephone number, fax number, address of e-mail of transaction headquarter, representative office, branch, website of enterprise (if any) and other relevant information;

b) Locations anticipated for supply of service;

c) System and method of service management, operation;

d) Process of supplying service including process of acceptance, transport and delivery;

dd) Methods of supplying service which is organized by enterprise or by cooperation in supplying service with other enterprise (in case of cooperation with other enterprise, the applicant must present in details on scope of cooperation, work of coordination in ensuring safety, security, settlement of complaints and paying compensation for service users);

e) Measures to ensure safety for people, postal articles, postal network and information security in postal activities;

g) Analyzing feasibility and socio-economic interests of plan through norms on output, revenue, expenditure, quantity of laborers, tax paying for the State budget, rate of payback in 03 next years from the year of applying for license.  

Article 7. Dossier of application for confirming notification of postal activities  

1. Dossier of application for confirming notification of postal activities for cases specified in point a, b, c clause a, Article 25 of the Law on post is made into 01 set being orginal, comprising:

a) Application for postal activities (according to Form in Annex II);

b) Documents specified in point b, dd, e, g, h, I, clause 2, Article 6 of this Decree.

2. Dossier of application for confirming notification of postal activities for cases specified in point d, dd, e clause 1, Article 25 of the Law on post is made into 01 set being orginal, comprising:

a) Notification for postal activities (according to Form in Annex II);

b) Copy of written accepting register of trade concession granted by competent state agencies, being sealed for confirmation and taken responsibility for accuracy of copied documents by self-enterprisec, for case of receiving trade concession from foreign to Vietnam;

c) A copy of the unexpired postal license, written confirmation of notification on postal activities having been licensed which is sealed for confirmation and taken responsibility for accuracy of copied documents by self-enterprise;

d) Contract with foreign partners;

dd) Documents being consular legalized proving the legal status of foreign partners;

e) Documents specified in point b, dd, e, g, h, i, clause 2, Article 6 of this Decree.

3. Dossier of application for confirming notification of postal activities for cases specified in point g, h clause 1, Article 25 of the Law on post is made into 01 set being orginal, comprising:

a) Notification for postal activities (according to Form in Annex II);

b) Copy of establishment license granted by competent state agencies, which is sealed for confirmation and taken responsibility for accuracy of copied documents by self-enterprise.

Article 8. Order of, procedures for the postal license and written confirmation of notification on postal activities

1. Enterprises, organizations requesting for postal license, written confirmation of notification on postal activities submit directly or send dossier via post to the postal competent state agencies specified in Article 9 of this Decree and take responsibility for accuracy honesty of dossier. 

Notifying postal activities to the state agencies with competence in issuing written confirmation of notification on postal activities is performed not later than 07 working days, form the first day of postal operation.

2. After receiving dossier meeting provisions in Article 6, Article 7 of this Decree, grant of postal license, written confirmation of notification on postal activities is performed in the following time limit:

a) 30 days, for verification and grant of postal license;

b) 10 working days, for verification and grant of written confirmation of notification on postal activities.

3. Within 03 working days, after receiving dossier, the state agency with competence in grant of postal license, written confirmation of notification on postal activities shall send receipt to address of e-mail of enterprises, organizations requesting grant of postal license, written confirmation of notification on postal activities.

4. If dossier of application for grant of postal license, written confirmation of notification on postal activities fails to meet provisions in Article 6, Article 7 of this Decree, within 07 working days, after receiving dossier, the state agency with competence in grant of postal license, written confirmation of notification on postal activities shall send notification of first time on contents in dossier which need be amended and supplemented.  Within 15 working days, from the day of notification, enterprises, organizations shall amend and supplement dossier as required.

5. If fail to amend, supplement dossier as prescribed or amending and supplementing is not meet requirement, the state agency with competence in grant of postal license, written confirmation of notification on postal activities shall send notification of second time within 07 working days since the ending day of time limit of first-time notification. Within 15 working days after day of notification, enterprises shall amend and supplement dossier as required.

6. If fail to amend, supplement dossier as required, the state agency with competence in grant of postal license, written confirmation of notification on postal activities shall issue a notification to refuse grant of postal license, written confirmation of notification on postal activities within 07 working days since the ending day of time limit of second-time notification.

7. If enterprise has amended and supplemented dossier but not meeting requirement, the amending and supplementing dossier shall be continued to perform under process specified in clause 5 of this Article.

8. If refuse for grant of postal license, written confirmation of notification on postal activities, in time limit specified in clause 2 of this Article, the state agency with competence in grant of postal license, written confirmation of notification on postal activities must notify in writing and clearly stating reason.

9. After the state agency with competence in grant of postal license, written confirmation of notification on postal activities issuing notification on refusing for grant of postal license, written confirmation of notification on postal activities, enterprises, organizations want to continue application for postal license, written confirmation of notification on postal activities must submit dossier and perform procedures as prescribed in Article 6, Article 7, Article 8 of this Decree.

Article 9. Competence of grant of the postal license and written confirmation of notification on postal activities

1. The Service of Information and Communications shall:

a) Granting the postal license for case of supplying mail service in provincial scope;

b) Granting the written confirmation of notification on postal activities for case of supplying postal services specified in point a, b, c clause 1, Article 25 of the Law on post in provincial scope and cases specified in point g, clause 1, Article 25 of the Law on post.

2. The Ministry of Information and Communications shall:

a) Granting the postal license for cases of supplying mail service in international or inter-provincial scope;

b) Granting the written confirmation of notification on postal activities for case of supplying postal services specified in point a, b, c clause 1, Article 25 of the Law on post in international or inter-provincial scope and cases specified in point d, dd, e, h clause 1, Article 25 of the Law on post.

3. The postal license, written confirmation of notification on postal activities for case of supplying postal services in international or inter-provincial scope shall concurrently be valid to supply postal services in provincial scope of relavent central-affiliated cities and provinces.

Article 10. Content of changes which must be notified

1. Contents must be notified when changing:

a) Change of legal representatives, address of main headquater and telephone number of enterprises compared to the latest dossier of application for postal license;

b) Changes of service quality norms; form of contract on supplying and using service; provisions relating to complaints, paying compensation compared to the latest dossier of application for postal license;

c) Changes of contents having been notified comparing to dossier of application for confirming notification of postal activities as prescribed in Article 7 of this Decree.

2. Within 07 working days after day of changing contents specified in clause 1 this Article, enterprises, organizations must notify in  writing (according to Form in Annex III) to the state agency with competence in grant of postal license, written confirmation of notification on postal activities.

3. If the contents of change specified in point b, c clause 1 this Article not consistent with law on post, within 05 working days after receiving the written notifying changes of enterprises, organizations, the competent state agencies which having granted postal license, written confirming notification on postal activities, must notify in writing to enterprises, organizations requesting for amendment and supplement in order to be suitable.

Article 11. Amendment and supplement of postal license

1. If need to change contents in the granted postal license, enterprises must perform procedures for amending and supplementing the postal license.  Agency granting the postal license is agency with competentce in amendment and supplement of postal license.

2. Dossier requesting the amendment and supplement of postal license is made into 01 set being original and submitted directly or via post to the competent state agency having granted the postal license.

3. A dossier requesting for amendment and supplement of postal license comprises:

a) Application for amending and supplementing postal license (according to Form in Annex IV);

b) Document relating to content requesting for amendment and supplement of postal license;

c) Copy of postal license being granted for the latest time.

4. Within 10 working days after receiving dossier meeting provisions in clause 2, clause 3 this Article, the competent state agency having granted postal license shall vertify and amend, supplement the postal license.  If not approve amendment, supplement, the competent state agency having granted the postal license, must notify in writing for enterprises and clearly state reson within 05 working days after receiving dossier of amend and supplement.

5. If amend and supplement of scope supplying postal services lead to change of competence of granting the postal license, enterprises shall submit dossier and perform procedures as application for new license.

Article 12. Regrant of the expiry postal license

1. Before the postal license is invalid, at least 30 days, enterprises providing postal services and having demand to continue to operate business, they must make 01 set of dosier being original in oder to apply for regrant of the postal license and directly submit or send via post to the competent state agency having granted the postal license.

2. A dossier of application for postal license, when being expiry, comprises:

a) Application for regrant of postal license (according to Form in Annex V);

b) Copy of postal license being granted for the latest time;

c) The financial statements of the latest 02 years which are sealed for confirmation and taken responsibility for accuracy of report;

d) The business project in the next period, if enterprise has loss for 02 consecutive years;

e) Documents specified in point dd, e, g, h, i, clause 2, Article 6 of this Decree, if having changes comparing to dossier requesting for grant of the nearest-time postal license.

3. Regrant of the postal license when being expiry is performed within 10 working days after receiving dossier meeting provisions in clause 1, clause 2 of this Article.

4. Procedures for regrant of the postal license are performed under order specified in Article 8 of this Decree.

5. If enterprise having the expiry postal license or not perform procedures for regrant of the postal license in proper time limit specified in clause 1 this Article, enterprise having demand of  regrant of the postal license must submit dossier and perform procedures as grant of new license.

Article 13. Regrant of the postal license and written confirming that notification was lost, spoiled, unusable

1. In case the postal licenses or written confirmations of notification on postal activities are lost or spoiled, unusable and enterprises, organizations want to be regranted, they must submit 01 set of dosier being original and submit directly or sent via post to the competent state agency having granted the postal licenses, or written confirmations of notification on postal activities.

2. Dossier for regrant of postal licenses, written confirmations of notification on postal activities which have been lost or spoiled, unusable including:

a) Application for regrant of postal license, written confirmation of notification on postal activities  (according to Form in Annex V);

b) The original of postal licenses in their unexpired time, written confirmations of notification on postal activities, for case of being spoiled, unusable.

3. Within 07 working days after receiving dossier meeting provisions in clause 1, clause 2 of this Article, the competent state agency, which having granted postal license, written confirmations of notification on postal activities, shall regrant these documents for enterprises.

4. The postal licenses, written confirmations of notification on postal activities which being regranted, are copies from originals being managed by the competent state agency, which having granted postal license, written confirmations of notification on postal activities.

Article 14. Charges

1. Enterprises, organizations being granted, amended and supplemented, regranted postal licenses, written confirmations of notification on postal activities, must pay a charge as prescribed by law.

2. The charges, management and use of charges for grant, amending and supplementing, regrant of postal licenses, written confirmations of notification on postal activities shall be implemented according to regulations of the Ministry of Finance.

Article 15. Use of the postal license and written confirmations of notification on postal activities

Enterprises, organizations granted the postal licenses and written confirmations of notification on postal activities shall:

1. To perform postal activities in accordance with content in the postal license or the written confirmations of notification on postal activities.

2. Not to repair, erase content in the postal license or the written confirmations of notification on postal activities.

3. Not to purchase, sale, transfer, except for attaching with transfer of entire enterprise due to purchase and sale or merger of enterprises. 

4. Not to lend, lease, mortgage.

5. To resubmit the postal licenses, written confirmations of notification on postal activities to the postal competent agency when having decision on withdrwal.

Chapter 4.

POSTAGE STAMPS

Article 16. Classification of Vietnam postage stamps  

The Vietnam postage stamps are classified as  follows:

1. The common postage stamps mean postage stamps without supply time limit and allowed to re-print.

2. The special postage stamps mean postage stamps with supply time limit and not allowed to re-print. The special postage stamps include souvernir postage stamps and special-subject postage stamps.

Article 17. Use of Vietnam postage stamps  

1. The Vietnam postage stamps are used for advance payment of charge of postal services when meeting sufficiently the following conditions:

a) Being published by The Ministry of Information and Communications;

b) Not to be prohibited for circulation;

c) Not be stamped with a cancellation mark;

d) Still be intact.

2. The special postage stamps in time limit of supply, the common postage stamps must be sold on public postal network at the proper price printed on stamp face, except for case of postage stamps with cancellation mark.

3. The special postage stamps being expired for supply are still valid in order to use in advance payment for charge of postal services.

4. The withdrawal and treatment of special postage stamps expired for supply, shall be performed under provisions of the Ministry of Information and Communications. 

5. The print of Vietnam postage stamps in publications must use postage stamps with “specimen” letter or postage stamps with cancellation mark, unless printing zoom in many times under shape of posters, placards.

Article 18. Import of postage stamps  

1. Organizations, individuals importing postage stamps with quantity of 500 stamps or more and not in the list of types of postage stamps specified in clause 3, Article 37 of the Law on post must have a postage stamp import license granted by the Ministry of Information and Communications.

2. A dossier of application for a postage stamp import license is made into 01 set being original comprising:

a) Application for grant of postage stamp import license (according to Form in Annex VI);

b) Copy of Certificate of Business registration or certificate of investment in Vietnam of organization applying import which is confirmed by seal of organization or the identification card or passport of individual applying import.

c) The postage stamp sample or copy of postage stamp proposed for import. 

3. Order of, procedures for grant of the permit of postage stamp import:

a) Organizations, individuals applying for grant of the permit of postage stamp import  submit directly or through post to the Ministry of Information and Communications and take responsibility for accuracy, honesty of dossier;

b) Since receiving dossier meeting provisions in clause 2 of this Article, the grant of    permit of postage stamp import  shall be implemented within 07 working days;

c) The Ministry of Information and Communications send a receipt to email address of organizations, individuals applying for permit of postage stamp import  wihtin 03 working days, after receiving dossier;

d) If dossier of application for grant of permit of postage stamp import  fail to meet provisions in clause 2 of this Article, within 03 working days after receiving dossier, the Ministry of Information and Communications sends a notification to request for contents which need be amended and supplemented.  Within 05 working days after issuing notification, organizations,individuals are responsible for amendment and supplement as required. If failing to amend, supplement dossier as required, the Ministry of Information and Communications shall issue a notification on refusal for grant of permit of postage stamp import  within 05 working days after ending time limit of notification.

e) If refusing for grant of permit of postage stamp import , in time limit specified in point b. clause 3 of this Article, the Ministry of Information and Communications must notify in writing and clearly state reason.

4. The permit of postage stamp import is valid for one time in time limit not exceeding 01 year after signing and not be extended.

5. Cases not required the permit of postage stamp import:

a) The postage stamps of countries being members of Universal Postal Union are imported under regulation of the Convention of Universal Postal Union’

b) Total kinds of postage stamps for one import time with quantity under 500 stamps and not in list of kinds of postage stamps specified in clause 3 Article 37 of Law on post;

c) The postage stamps of Vietnam printed in foreign country under decisions of the Ministry of Information and Communications.

Article 19. The planning on Vietnam postage stamp subject

1. The planning on Vietnam postage stamp subject is elaborated generally for a period or for a subject issued in many consecutive years or under a defined frequency.

2. Program on Vietnam postage stamp subject is elaborated in order to issue within 01 year.

3. The Ministry of Information and Communications organizes elaboration, approval planning and program on Vietnam postage stamp subject on the basis of:

a) The important event of Vietnam and world;

b) Proposals of domestic and foreign organizations, individuals; 

c) Demands, tastes, market of collection stamp.

Article 20. The National Consultancy Council of Vietnam postage stamps  

1. The National Consultancy Council of Vietnam postage stamps is organization consuling, pasticipating in giving opinions on contents realting to lanning of Vietnam postage stamp subjects; program of Vietnam postage stamp subjects; design samples and other matters relating to Vietnam postage stamps.

2. The Ministry of Information and Communications decides establishment of The National Consultancy Council of Vietnam postage stamps, including representatives of the following organizations, agencies: 

a) The Ministry of Information and Communications (Chairperson of Council);

b) The Central Propaganda Commission;

c) The Ministry of Culture, Sports and Tourism;

d) Viet Nam Academy of Social Sciences;

dd) Viet Nam Academy of History;

e) Vietnam Art Association;

g) Vietnam History Science Association;

h) Vietnam Stamp Association;

i) Organizations, individuals in relevant sectors.  

3. Members of The National Consultancy Council of Vietnam postage stamps shall supply material or documents within their functions, tasks, specialized sectors relating to contents consulted and take responsibility for material or documents which they have supplied. 

4. Members of The National Consultancy Council of Vietnam postage stamps are enjoyed regimes in according to current regulation.

Article 21. Design of Vietnam postage stamp samples and special mark samples  

1. Design of Vietnam postage stamp samples and special mark samples is performed on the basis of the planning on issuance of Vietnam postage stamps, program on issuance of Vietnam postage stamps which have been approved.

2. Each design sample of Vietnam postage stamps, special marks must have at least 03 design samples with various content, styles of at least 02 authors.

3. The organization of national-level postage stamp sample design competitions on the occasion of important events of Vietnam and world shall be diceided by the Ministry of Information and Communications. 

Article 22. Store of postage stamps

1. The Vietnam postage stamps served for national store and dossiers of Vietnam postage stamp design samples are national assets and are stored, preserved as prescribed by law on archives.

2. Apart from the Vietnam postage stamps served for national archive and dossiers of Vietnam postage stamp design samples specified in clause 1 this Article, the Ministry of Information and Communications shall store and preserve types of professional postage stamp warehouse serviced for the following purposes:

a) To service for propagation, advertisement;

b) To serve for science research;

c) To serve for acitivities exchanging with countries being members of Universal Postal Union and international organizations;

d) To serve for state management operation.

3. The Ministry of Information and Communications prescribes in details archive of Vietnam postage stamps served for national archive, dossiers of Vietnam postage stamp design samples and archive of stamp warehouses specified in clause 2 of this Article.

Article 23. Expenses of State management on postage stamps

Expenses of State management activities for postage stamps specified in this Decree is arranged from the State budget and balanced in annual plan on expenditure of the Ministry of Information and Communications.

Chapter 5.

PAYING COMPENSATION IN SUPPLY AND USE OF POSTAL SERVICES

Article 24. Principles on paying compensation

1. Paying compensation for direct damages is implemented on the basis of contract on supply and use of postal services. Not paying compensation for indirect damages outside contract or benefit sources which not obtain causing by supply of postal services not warranted quality as agreement of two parties.

2. The postal articles being lost, spoiled or entirely swapped shall be paid compensation in accordance to regulation for each type of service. The compensation level is prescribed by enterprises and not lower than the limited level of compensation liability for each type of service as prescribed in Article 25 of this Decree.

3. Not paying compensation for the following cases:

a) Postal services without documents confirming acceptance of postal articles;

b) Service users have no documents proving service use.

Article 25. The limited level of compensation liability

1. The minimum limited level of compensation liability is prescribed as follows:

a) For domestic postal services: 04 times of charge (included repayed amount of used service charge) of the used service;

b) For international postal services transported by air: 09 SDR/kg (calculated under each step of 500-gram weight, the odd part is calculated as 500 gram) but not lower than 30 SDR/ postal article, adding the repayed charge amount of used service;  

c) For international postal services transported by other methods: 05 SDR/kg (calculated under each step of 500-gram weight, the odd part is calculated as 500 gram), adding the repayed charge amount of used service.

2. In case of violating the signed contract because the announced time of entire path is not assured and the postal service users have documents proving such thing, enterprises supplying postal services shall repay charge of the used sevice for postal service users.

3. The compensation for international postal services in framework of document of Universal Postal Union, which was appointed for enterprises to supply, must observe regulations on compensation in that document.

Article 26. The time limit to implement obligation of compensation

1. The time limit to pay compensation shall not exceed 30 days since parties have made a document defining the liability of compensation.

2. If longer than time limit to pay compensation specified in clause 1 of this Article, the compensator must pay interest of late payment as prescribed by law.

Article 27. Collection of compensation amounts

1. If find partly or entirely postal articles which have assumed as being lost and have been paid compensation as prescribed, enterprises providing postal services shall notify to person who have gotten compensation amounts.

2. The person who has gotten compensation amounts is entitled to get back or refuse regression of part or entire of found postal articles.

3. If the person who has gotten compensation amounts is entitled to get back or refuse regression of part or entire of found postal articles, such person must repay the corresponding compensation amount for enterprises providing postal services.

4. If the person who has gotten compensation amounts refuses regression, part or entire of found postal articles shall be possesion of enterprises providing postal services.

Chapter 6.

IMPLEMENTATION PROVISIONS

Article 28. Effect

1. This Decree takes effect on August 15, 2011.

2. From the effective day of this Decree, the Decree No.157/2004/ND-CP, of August 18, 2004 detailing the implementation of a number of articles of the Ordinance on post and telecommunications, Decree No.128/2007/ND-CP, of August 02, 2007 on delivery services and regulations on post in the Decree No.121/2008/ND-CP, of December 03, 2008 on December 03, 2008 on investment activities in the post and telecommunications sector are invalid.    

Article 29. Transitional provisions

1. Within 06 months, since this Decree takes effect:

a) Before this Decree takes effect, postal activities specified in point dd, e, h clause 1, Article 25 of the Law on post implementing in Vietnam must do procedures for notification on postal activities as prescribed by the Law on post and this Decree;

b) Enterprises which having granted postal license before the effective day of this Decree must ensure the capital as prescribed in clause 1 Article 5 of this Decree.

2. Enterprises having been granted Certificate of Business registration in supplying postal delivery service or certificate on investment in postal delivery sector before this Decree takes effect, are entitled to continue perform until the certificate is expired, withdrawn,cancelled or replaced by other document. 

Article 30. Effect

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the President of the People’s Committee of central-affiliated cities and provinces, and relevant organizations, individuals shall implement this Decree.